Romero-Mendoza v. Kane

Filing 18

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 16 and that the Petition for Writ of Habeas Corpus 1 is denied, without prejudice, as moot; the Clerk of the Court shall enter judgment accordingly. Signed by Judge James A Teilborg on 12/1/11. (TLJ)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joseph Aaron Romero-Mendoza,

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Petitioner,

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vs.

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Katrina Kane,
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Respondent.
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No. CV 11-1275-PHX-JAT
ORDER

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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus filed
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pursuant to 28 U.S.C. § 2241. The Magistrate Judge issued a Report and Recommendation
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(“R&R”) (Doc. 16) recommending that the Petition be denied at moot.
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Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts
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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not
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required to conduct “any review at all . . . of any issue that is not the subject of an objection”
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(emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en
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banc) (“statute makes it clear that the district judge must review the magistrate judge’s
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findings and recommendations de novo if objection is made, but not otherwise” (emphasis
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in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
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Therefore,
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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 16)
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is ACCEPTED and ADOPTED;
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IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (Doc. 1)

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is denied, without prejudice, as moot; the Clerk of the Court shall enter judgment

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accordingly.

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DATED this 1st day of December, 2011.

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